advocatemmmohan
Criminal Procedure Code 1973 (India)
Sec.498 A , 306 of I.P.C. – DISCHARGE OF REST OF ACCUSED – NO CASE AGAINST RELATIVES OF HUSBAND – ADDITIONAL SESSIONS JUDGE DISCHARGED THEM – HIGH COURT CONFIRMED – APEX COURT ALSO CONFIRMED AND DISMISSED THE APPEAL = Sherish Hardenia & Ors. …..Appellants Versus State of M.P. & Anr. …..Respondents = published in judis.nic.in/supremecourt/filename=41091
Sec.498 A , 306 of I.P.C. – DISCHARGE OF REST OF ACCUSED – NO CASE AGAINST RELATIVES OF HUSBAND – ADDITIONAL SESSIONS JUDGE DISCHARGED THEM – HIGH COURT CONFIRMED – APEX COURT ALSO CONFIRMED AND DISMISSED THE APPEAL = Whether it is quashing of an FIR or a Charge-Sheet, or summoning a party under Section 319, CrPC, this … Continue reading
Sec.406 I.P.C.- Criminal breach of Trust – police reported the case as false – protest petition and it’s appeal were dismissed by lower courts – High court in revision set aside the lower courts order and remanded the case finding prima faice offence for next step allowing protest petition – Apex court confirmed the High court order – Complainant clearly deposed that he had handed over gold while purchasing cloth in accused shop and were not returned – accused admitted the same – enough to hold prima faice case against the accused – accused admitted it – burden lies on him to prove non-guilty = Ghanshyam …. Appellant Vs. State of Rajasthan …. Respondent = Published in/Cited in / Reported in judis.nic.in/supremecourt/filename=41078
Sec.406 I.P.C.- Criminal breach of Trust – police reported the case as false – protest petition and it’s appeal were dismissed by lower courts – High court in revision set aside the lower courts order and remanded the case finding prima faice offence for next step allowing protest petition – Apex court confirmed the High … Continue reading
Whether the high court can compound the offence under sec.307 I.P.C on compound of parties – Apex court held No = State of Rajasthan .. Appellant Versus Shambhu Kewat and Another .. Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41024
Whether the high court can compound the offence under sec.307 I.P.C on compound of parties – Apex court held No = The Sessions Court, after hearing the parties and considering the oral and documentary evidence, found the accused persons guilty of the offence punishable under Section 307 read with Section 34 IPC, but acquitted them … Continue reading
whether under Section 154 CrPC, a police officer is bound to register an FIR when a cognizable offence is made out or he (police officer) has an option, discretion or latitude of conducting some kind of preliminary inquiry before registering the FIR.= Lalita Kumari …. Petitioner (s) Versus Govt. of U.P. & Ors. …. Respondent(s)= Published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40960
whether under Section 154 CrPC, a police officer is bound to register an FIR when a cognizable offence is made out or he (police officer) has an option, discretion or latitude of conducting some kind of preliminary inquiry before registering the FIR.= In view of the aforesaid discussion, … Continue reading
NDPS Act = Search and seizer is a mandatory under sec.42 and sec.50 = Balbir singh principle – Gurjant Singh @ Janta …. Appellant VERSUS State of Punjab …. Respondent = http://judis.nic.in/supremecourt/imgst.aspx?filename=40907
NDPS Act = Search and seizer is a mandatory under sec.42 and sec.50 = but when police officer himself summoned DSP who is an acting DSP with out DSP rank then the Balbir singh principle not apply Lower court and High court committed grave error – Apex court set aside = Balbir … Continue reading
Sec. 302,498 A etc., – Husband died pending trial – No prima faice proof of conspiracy- The Accused are entitled for discharge = L. Krishna Reddy …..Appellant Versus State by Station House Officer & Ors. …..Respondents – http://judis.nic.in/supremecourt/imgst.aspx?filename=40898
Sec. 302,498 A etc., – Husband died pending trial – No prima faice proof of conspiracy- The Accused are entitled for discharge = whether the criminal proceedings could or should have been continued against his parents, namely Vidyasagar and Narasamma, who had preferred a Discharge Petition under Section 227 of the Code of Criminal … Continue reading
Reduced the sentence from life to 10 years in sec. 304 B IPC Apex court held that same principles laid down in death cases- would apply with little modifications for assessing the sentences in other cases = SUNIL DUTT SHARMA Vs. STATE (GOVT.OF NCT OF DELHI) published in judis.nic.in/supremecourt/ ?filename=40877
Reduced the sentence from life to 10 years in sec. 304 B IPC applying the participles laid down in commuting death penalty to life imprisonment, even though there is no guide lines and separate rules for lessor sentences – other than death sentences ; Apex court held that same principles laid down in death cases- would … Continue reading
Sec.125 (3) of Cr.P.C. – When first petition not satisfied even after arrest of husband, another petition for arrears of maintenance from the date of order to till the day of new petition can not be considered as Time Barred as it is in continuation of old petition and for subsequent defaults = As the respondent-husband had not complied with the order of payment, in a miscellaneous petition, i.e., C.M.P. No. 566/1998 filed by the appellant, the trial court by its order dated 21.07.1998 had sentenced the respondent to imprisonment. The default in payment of maintenance was for the period 4.2.1993 to 4.2.1998. On 5.2.2002 another miscellaneous application (Crl.M.P. No.394/2002) was filed by the appellants claiming maintenance for the period 4.2.1993 to 5.2.2002. – As the aforesaid order of the High Court had curtailed the entitlement of the appellants to maintenance to a period of one year prior to the date of filing of the Crl. M.P. No. 394/2002, the appellants have filed this appeal.= The application dated 05.02.2002 filed by the appellants under Section 125(3) was in continuation of the earlier applications and for subsequent periods of default on the part of the Respondent. The first proviso to Section 125(3), therefore did not extinguish or limit the entitlement of the appellants to the maintenance granted by the learned trial court, as has been held by the High Court.= The order dated 21.04.2004 of the High Court is set aside and we now issue directions to the respondent to pay the entire arrears of maintenance due to the appellants commencing from the date of filing of the Maintenance Petition (M.C.No.1/1993) i.e. 4.2.1993 within a period of six months and current maintenance commencing from the month of September, 2013 payable on or before 7th of October, 2013 and thereafter continue to pay the monthly maintenance on or before the 7th of each successive month. If the above order of this Court is not complied with by the Respondent, the learned Trial Court is directed to issue a warrant for the arrest of the respondent and ensure that the same is executed and the respondent taken into custody to suffer imprisonment as provided by Section 125(3) CrPC. The appeal is allowed.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40838 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1542 OF 2013 (ARISING OUT OF SLP (CRL.) NO. 4654 OF 2005) Poongodi & Anr. … Appellant(s) Versus Thangavel … Respondent(s) J U D G M E N T RANJAN GOGOI, J. … Continue reading
mere non-joining of an independent witness – not fatal to the prosecution = Therefore, mere non-joining of an independent witness where the evidence of the prosecution witnesses may be found to be cogent, convincing, creditworthy and reliable, cannot cast doubt on the version forwarded by the prosecution if there seems to be no reason on record to falsely implicate the appellants.= In the instant case at the time of incident some villagers had gathered there. The Investigating Officer in his cross-examination has made it clear that in spite of his best persuasion, none of them were willing to become a witness. Therefore, he could not examine any independent witness. – Section 114 of the Act 1872 gives rise to the presumption that every official act done by the police was regularly performed and such presumption requires rebuttal. The legal maxim omnia praesumuntur rite it dowee probetur in contrarium solenniter esse acta i.e., all the acts are presumed to have been done rightly and regularly, applies. When acts are of official nature and went through the process of scrutiny by official persons, a presumption arises that the said acts have regularly been performed.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40594 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2302 of 2010 Gian Chand & Ors. …Appellants Versus State of Haryana …Respondent J U D G M E N T Dr. B.S. Chauhan, J. 1. This appeal has been filed against the judgment and order … Continue reading
whether the Court, where a cheque is deposited for collection, would have territorial jurisdiction to try the accused for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (in short “the N.I.Act”) or would it be only the Court exercising territorial jurisdiction over the drawee bank or the bank on which the cheque is drawn? = whether the sending of notice from Delhi itself would give rise to a cause of action in taking cognizance under the N.I. Act. In such circumstances, we are of the view that Harman Electronics (supra) is only an authority on the question where a court will have jurisdiction because only notice is issued from the place which falls within its jurisdiction and it does not deviate from the other principles laid down in K. Bhaskaran (supra). This Court has accepted that the place where the cheque was presented and dishonoured has jurisdiction to try the complaint. In this way, this Court concluded that issuance of notice would not by itself give rise to a cause of action but communication of the notice would. In other words, the court clarified only on the service in such notice and failure on the part of the accused to pay the demanded amount within a period of 15 days, thereafter, the commission of an offence completes. We are of the view that this Court in Harman Electronics (supra) affirmed what it had said in K. Bhaskaran (supra) that court within whose jurisdiction the cheque is presented and in whose jurisdiction there is failure to make payment within 15 days of the receipt of notice can have jurisdiction to try the offence under Section 138 of the N.I. Act. It is also relevant to point out that while holding that the Chandigarh Court has jurisdiction, this Court in Harman Electronics (supra) observed that in the case before it, the complaint was silent as to whether the said cheque was presented at Delhi. In the case on hand, it is categorically stated that the cheque was presented at Bhiwani whereas in Harman Electronics (supra) the dishonour had taken place at Chandigarh and this fact was taken into account while holding that Chandigarh court has jurisdiction. In the complaint in question, it is specifically stated that the dishonour took place at Bhiwani. We are also satisfied that nothing said in Harman Electronics (supra) had adverse impact on the complainant’s case in the present case. we must note that in K. Bhaskaran (supra), this Court has held that Section 178 of the Code has widened the scope of jurisdiction of a criminal court and Section 179 of the Code has stretched it to still a wider horizon. Further, for the sake of repetition, we reiterate that the judgment in Ishar Alloy (supra) does not affect the ratio in K. Bhaskaran (supra) which provides jurisdiction at the place of residence of the payer and the payee. We are satisfied that in the facts and circumstances and even on merits, the High Court rightly refused to exercise its extraordinary jurisdiction under Section 482 of the Code and dismissed the petition filed by the appellantaccused. In the light of the above discussion, we hold that the ratio laid down in K.Bhaskaran (supra) squarely applies to the case on hand. The said principle was correctly applied by the learned Sessions Judge as well as the High Court. Consequently, the appeal fails and the same is dismissed. In view of the dismissal of the appeal, the interim order granted by this Court on 09.12.2011 shall stand vacated.
published in http://judis.nic.in/supremecourt/filename=40477 Page 1 Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 808 OF 2013 (Arising out of S.L.P. (Crl.) No. 9434 of 2011) Nishant Aggarwal …. Appellant(s) Versus Kailash Kumar Sharma …. Respondent(s) J U D G M E N T P.Sathasivam,J. 1) Leave granted. 2) The question … Continue reading
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